CO129-531-7 Foreshore and Sea Bed Works Ordinance 1931- Bill 19-11-1931 - 7-5-1932 — Page 17

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7. The foreshore, sea bed and land occupied by such Property works is hereby declared to be absolutely the property of occupied by the Crown, free from any restriction whatever.

public works vested in Crown.

8.-(1) Any person intending to make any claim in Provision respect of the extinguishment of alleged extinguishment, for claims. under this Ordinance, any private right, shall deliver to the Director of Public Works within one month from the publication in the Gazette of the notification of approval but not thereafter, a written claim stating the nature and particulars of the alleged private right and the amount which he seeks to recover.

(2) The Governor may, if he thinks fit, award to any such claimant such sum of money as he may in his discre- tion think sufficient as compensation for any such extin- guishment and the Director of Public Works shall notify the claimant in writing of the amount so awarded.

(3) The Governor may instead of awarding any com- pensation under this section enter into an agreement with any claimant for the compromise or settlement of any claim as the Governor may think fit.

(4) Whenever any claimant shall be dissatisfied with the compensation awarded by the Governor under this section, such claimant may within four weeks from the date of such notification as aforesaid notify the Director of Public Works, in writing accordingly, and the Governor shall refer such claim with the particulars thereof to one of the judges. Such judge shall hear any evidence which either the Director of Public Works or the claimant may wish to tender and, if so desired, bear counsel or solicitor on behalf of the Crown and the claimant, and shall adju- dicate upon the claim and determine the amount of com- pensation, if any, to be paid to any such claimant with or without costs either for or against the Crown or for or against any parties claiming compensation, such costs in case of difference to be taxed by the Registrar of the Supreme Court.

(5) No appeal shall lie from any award or decision of a judge under this section,

9. For the purposes of the hearing of any claim for Powers of compensation, such judge shall have powers similar to judge in those vested in the Supreme Court on the occasion of any compensation. action in respect of the following matters :-

(a) enforcing the attendance of witnesses and exami-

ning them upon oath, or otherwise; (7) compelling the production of documents; (c) punishing persons guilty of contempt ; (d) ordering inspection of any premises; and (e) entering upon and viewing of any premises.

claims of

10. No claim shall be made in respect of any public Public and right, and, except as in this Ordinance provided, no claim other rights shall be made, nor shall any compensation be paid, or not recog- compromise, or settlement made in respect of the extin- nised. guishment of any private right or alleged private right under the provisions of section 6 of this Ordinance, or in respect of any injurious affection of any property by reason of the authorized works.

11. Nothing in this Ordinance shall be deemed to No enlarge- recognise or create any right or claim, or any greater right ment of or claim to compensation than but for this Ordinance compensation would exist and be recognised and enforceable by action rights. in the Court.

12. Nothing in this Ordinance shall be deemed to Foreshore recognise any foreshore rights whatever against the rights not Crown, or be in derogation of any of the powers or rights of the Crown.

recognised. Saving of rights of the Crown.

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